The patent system at national level fulfills several functions and objectives, among which encouraging public disclosure of filed patent applications is an important one. In all technologically advanced countries, patent applications are publicly disclosed after 18 mont More
The patent system at national level fulfills several functions and objectives, among which encouraging public disclosure of filed patent applications is an important one. In all technologically advanced countries, patent applications are publicly disclosed after 18 month from the filing date regardless of whether a patent has been or will be granted. Therefore, one needs to ask why disclosing information contained in patent applications is important at national level. How the society benefits from it?
In this paper, we examine patent disclosure as a primary function of patent system. Then we investigate both de jure and de facto patent disclosure in Iran. Based on a recent research in the field, we argue that although Iranian legislators have consciously promoted patent disclosure, the practice is well outside international accepted norms and standards. We finally argue that in absence of corrective measures, the Iranian patent system continued to be ineffective and fails to play its due role in the country's science and technology development.
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